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• I was hurt on an offshore oil rig. I was unable to work or get proper medical care from the company. I was referred to Brian by another law firm because that firm knew Brian specialized in Jones Act cases. Brian settled my case in less than 12 months. The settlement will enable me to take care of my family financially for a long time. I would highly recommend Brian and his firm to any injured worker.
  
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We designed this website to provide information to consumers, injured people, and their families. Our goal is to level the playing field between consumers and insurance companies and expose the tricks, traps, and techniques they use to cheat injured people out of their legal rights. We also let consumers know about legal news, including verdicts and settlements and other interesting legal information.

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Maritime Accident News

Justices Rule that Injured Seaman Entitled to Punitive Damages

The U.S. Supreme Court has upheld the right of an injured seaman to recover punitive damages when an employer refuses to pay for medical care and other related expenses.

The case was based on the Jones Act, along with Miles v. Apex Marine Corp, that strictly defined the damages seamen can obtain when suing an employer for maintenance and cure, which provides compensation for medical care and living expenses during a sailor’s recovery.

Justice Clarence Thomas wrote for the majority stating that punitive damages have generally been available and awarded in general maritime actions, which also includes some actions involving maintenance and cure.  He wrote that “we find that nothing in Miles or the Jones Act eliminates that availability.”

Thomas went on to write that “American courts have…permitted punitive damages awards in appropriate cases since at least 1784.”

Edgar L. Townsend was a crewmember on a motor tug, when he fell on the boat’s steel deck and injured his shoulder and arm.  The vessel owner, Atlantic Sounding, would not pay for the injured crewmember’s maintenance and cure.  As a result, Townsend sued Atlantic Sounding for negligence and its failure to pay maintenance and cure and wrongful termination under the Jones Act and general maritime law. 

Read More About Justices Rule that Injured Seaman Entitled to Punitive Damages...

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